Opinion
2:21-CR-00052-JCM-DJA
11-09-2022
UNITED STATES OF AMERICA, Plaintiff, v. LUIS ENRIQUE ORTIZ-IBARRA, Defendant.
WRIGHT MARSH & LEVY Monti Jordana Levy MONTI JORDANA LEVY, ESQUIRE Counsel for Ortiz-Ibarra JASON M. FRIERSON United States Attorney JOSHUA BRISTER Assistant United States Attorneys
WRIGHT MARSH & LEVY
Monti Jordana Levy
MONTI JORDANA LEVY, ESQUIRE
Counsel for Ortiz-Ibarra
JASON M. FRIERSON
United States Attorney
JOSHUA BRISTER
Assistant United States Attorneys
STIPULATION TO CONTINUE SENTENCING HEARING
JAMES C. MAHAN, UNITED STATES DISTRICT JUDGE.
IT IS HEREBY STIPULATED and agreed, by and between JASON M. FRIERSON, United States Attorney, by JOSHUA BRISTER, Assistant United States Attorney, LUIS ENRIQUE ORTIZ-IBARRA, Defendant, by and through his counsel, MONTI JORDANA LEVY, ESQUIRE, WRIGHT MARSH & LEVY, that the sentencing hearing currently scheduled for December 2, 2022, at 10:30 a.m. be vacated and set to a date and time convenient to this Court, but no sooner than sixty (60) days from the current sentencing date.
This stipulation is entered into for the following reasons:
1. Defense counsel for Mr. Ortiz-Ibarra needs additional time to prepare and have the PSR translated to Spanish for Mr. Ortiz-Ibarra.
2. The parties agree to the continuance. Mr. Ortiz-Ibarra is presently in custody and agrees to the continuance.
3. Additionally, denial of this request for continuance could result in a miscarriage of justice.
4. The additional time requested by this Stipulation is made in good faith and not for purposes of delay.
5. This is the first request for a continuance of the sentencing hearing.
ORDER
Based on the Stipulation of the parties, the sentencing hearing in this matter is hereby continued. The ends ofjustice served by granting said continuance outweigh the best interest of the public and the defendant in a speedy sentencing, since the failure to grant said continuance would be likely to result in a miscarriage ofjustice, and would deny the parties herein sufficient time and the opportunity within which to be able to effectively and thoroughly prepare for sentencing, taking into account the exercise of due diligence.
IS IT HEREBY ORDERED that the sentencing in the above-captioned matter currently scheduled for December 2, 2022, at 10:30 a.m., be vacated and continued to February 1, 2023, at 11:00 a.m.